A Guide to Business Organization Management and Basic Investigative Skills for the Private Investigator_3 pot

But, I’m Not Ex-Law Enforcement or Military 43 this book because you were wondering about your own intuitiveness, put it down and look in the mirror. Congratulations. You are already an investigator. Now we will hone some of those skills you already pos- sess. The lucky person who mopped floors in the restaurant example ear- lier has a natural investigations career assisting other restaurant own- ers in uncovering the source of their losses. Perhaps he or she starts a business called Texas Restaurant and Club Surveillance Company, joins the Texas Restaurant Association, and markets these specialized services to nightclubs and fast food and fancy restaurants, as well as hotels. Do you think he or she will have any problem speaking the lan- guage of the business to his potential clients? Of course not! Intrigued with her findings, the bookkeeper continues her education and as a result of her developed skills in ferreting out the cause of accounting anomalies, refines those skills further and becomes a foren- sic accountant. She speaks fluent accounting and understands busi- ness; these are wonderfully marketable skills. The point is to not fear the investigation but do make certain you have a marketable skill and the requisite knowledge for which some- one else will pay money. Just wanting and wishing to be a private investigator is not enough. Many years ago a private investigator was asked how he got into the business. He replied, “I was in business suffering some losses and tried to hire a Private Investigator to look into the problem. During our first meeting, I found I had to teach him all about the business world. He did not have an understanding of EBITA [earnings before interest, taxes, and amortization], profit and loss statements, working capital, or triple net leases. I just figured his job wasn’t that hard; I had the knowl- edge he needed to investigate business problems, just not the time to do it. So I quit my job and started my own company specializing in investigating business losses. That was thirty years ago.” This is an appropriate time to address a sensitive issue that can sometimes be the white polar bear standing in the corner of the room wher ever private investigators gather. People entering private investigations with backgrounds in law enforcement will admittedly have experience the lay person will not. They have, to some extent, become familiar with interviews, informa- tion research, and reports and have an understanding of the human 44 Basic Private Investigation element, crime, surveillance, and motives. How they apply these expe- riences in the private sector, however, does not always translate well. Being an ex-cop is no guarantee of success as a private investigator, and, in many cases, if the experience and skills are not adequately adapted to the private sector, the transition is doomed. Those who do adapt, however, soar as long as other proficiencies are added, as thor- oughly addressed throughout this book. So, just as it is undeniable those transitioning from the public sector will arrive with experience you do not possess, it is equally irrefutable you need to obtain training in these areas—and quickly. We will touch on a few shortly. FIRST THINGS FIRST: LICENSING There are currently five states that do not require private investiga- tors to be licensed (Colorado, Idaho, Mississippi, South Dakota, and Wyoming). As someone entering the field without a law enforcement background, you will be at only a slight disadvantage unless you live in one of those five states. In order to enjoy your career as a private investigator without fear of criminal or civil penalties—or develop the wrath of licensed investigators—you should take care of this part first. Jimmie Mesis, Editor of PI Magazine ® , has one of the most up-to-date sites providing links to each state’s licensing requirements (www.pi magazine.com/private_investigator_licence_requirements.html). I would also suggest subscribing to the magazine because it always is educational. The states requiring licenses call for anywhere from months to years of documented investigations experience in order to get a license. (Auth or’s Note: Contrary to earlier pontificating in the opening para- graphs of this chapter, your life’s experience at investigating your own issues will not, sadly, qualify you for a license.) Each of these states, however, has some form of intern or appren- tice Program whereby you can easily obtain a license and begin to work with a licensed firm, alongside and under the tutelage of an expe- rienced private investigator. When you interview with such a firm, ask for the curriculum: how and how often he or she intends to train you and what types of cases the firm handles? Many states prohibit you But, I’m Not Ex-Law Enforcement or Military 45 from working for more than one firm at a time, which is an unfortu- nate and sometimes illogical reality. Therefore, make certain you are with a company that will keep you busy learning, not standing around emptying ashtrays or watering petunias. When you hook up with the right firm, you will learn firsthand, and without a substantial invest- ment, whether this business is truly your career path. Do not expect to make much money during this internship, but the lessons you learn about the nuts and bolts of this business will be invaluable when you open your own agency. INTERVIEWS AND INTERROGATIONS The lack of ability to get someone to talk to you about anything will doom you from the start. The ability to conduct successful interviews is paramount to the activities of a private investigator. An understand- ing that there is absolutely no legal or otherwise compelling reason for a witness, suspect, or subject to willingly talk to a private investigator means one must have a highly developed sense of communication. In - vestigators certainly must know when to push, when to back off, when to listen, and when to ask questions, but to do so they must know how to relate to the person with whom they are attempting to talk or the interview will go nowhere. They must be aware of legal boundaries as well as human behavior. Threatening a witness rarely works except on television. In real life you will either be ignored, get your backside kicked, or end up in jail. People must want to talk to you where you find them and as you find them; thus your presentation to them has to be part sales, part friend, part protector, and part coconspirator—as necessary. If allowed, people love to talk. Therefore, of all the education, degrees, certifications, or experiences you have, there is one essential skill to perfect in this busi- ness: spend the money for serious courses in interviewing and interro- gation. This is not the place to distinguish between the two terms; suf- fice it to say there are many very good courses out there worth every penny if you are serious about this career. The Reid Technique ® of Interviewing and Interrogation is widely known and highly respected. Wicklander-Zulawski is yet another. Regardless, the more you know about interviewing techniques and understanding nonverbal commu- 46 Basic Private Investigation nication, or kinesics, the better you will be in your field regardless of specialty. Do not shortchange yourself in this training. You may be nat- urally glib and gifted at gab. It is not the same thing. There will be times you will only get one opportunity to interview a potentially critical wit- ness to your client’s case. Get the training; you will never regret it. REPORTS (DO I HAVE TO?) An equally critical area is the ability to prepare and write an intelli- gent and comprehensive report about the case that you have just investigated. A well-written report details what you did during the investigation. It is also the written justification for what you invoiced the client. Without it, you will not get referrals, you will not get repeat business and you may not even get paid. All of your now highly tuned skills will be for naught but for this significant requirement. I was one of about eight advisory board members on the curriculum committee of a four year criminal justice degree program years ago. We were asked, “What skills would you like to see our students leave here with?” In other words, “Were you to hire one of the college’s crim inal justice graduates, what training should they have to help you in your business?” The answers were varied and depended on whether the board member was from a corrections institution, a police or sheriff depart- ment, a federal law enforcement agency, or private sector business. To a person, however, the number one answer was report writing. The department chair, Dr. Walt Copley, politely answered, “Alas, by the time the students get to us, those writing habits—whether atrocious or exceptional—are too deeply ingrained for us to have any effectual change.” He was politely telling the board that these graduate students would be either very good or perfectly horrible at report writing and there was little the college or the hiring agency could do about it. Again, this is not a forum to promote programs or correct deficien- cies in our educational system but do understand this point. If you can write adequately, using proper grammar and spelling, you already know it and you are already ahead of many others in the business. If you cannot write but recognize it, you will also be okay. You just need to do what you are already doing, such as reading this book. Recognizing shortcomings and addressing them is a huge step. Study But, I’m Not Ex-Law Enforcement or Military 47 the successful private investigators who have authored chapters here- in; go to work for one in your city; find a mentor and copy what he or she does when it comes to reports. Do not write a report that raises more questions than it answers. Be succinct. Do not proffer opinions unless requested and so identified. Get a proofreader and use a Spell Checker and dictionary. This list goes on. Believe this, however: How far you go in your new career will depend on the readability, accura- cy, and professionalism of your reports. Lastly, if you cannot write and do not believe in its importance to this business, you might want to practice saying, “Would you like fries with that?” ASSOCIATIONS AND THEIR DAMNED ACRONYMS This part cannot be overemphasized: Because you are coming to this dance without a law enforcement background, you absolutely need to become a member of and be active in appropriate private investigation groups. There are reasons galore but consider that you will immediately have a peer group to whom you can turn with ques- tions about how to best approach a case. You will be able to ask (for instance) “what are the legal aspects of interviewing a minor without a parent present” or “can I use a GPS locater unit on a client’s car in this state?” You are naturally going to have legal and procedural questions as you grow in the business. The members of these groups are a wealth of experience and information and are almost always willing to share with someone who is asking the question for the right reasons—to learn how to do the business the correct way. Each state has at least one professional association for private inves- tigators; some states have more than one (Florida, for instance, has four). Find one in your state, join it, and attend meetings. You will meet some unbelievably talented private investigators who might turn out to be your next, best mentor. They also offer annual educational programs, and if your state requires continuing education units (CEUs) to maintain your license, these will be important and are gen- erally very affordable. There are also some international professional organizations (including INTELLENET) and some political action committees and then there are the professional certifying organizations, such as ASIS 48 Basic Private Investigation International (Certified Protection Professional [CPP ® ], Professional Certified Investigator [PCI ® ], Physical Security Professional [PSP ® ]), the Association of Certified Fraud Examiners (CFE), and the National Association of Legal Investigators (Certified Legal Investigator [CLI]), to name just a few. As you find your feet, that is, as you settle into an area of case work you enjoy, you should avail yourself of an appro- priate certification. There is argument on both sides as to whether any certification actually increases your earning potential, but all who have gone through the testing to achieve a certification agree that the edu- cation received while studying for it was invaluable. One last, but no less important, thought on this point. There is strong anecdotal evidence suggesting that private investigators that “step over the line” and get into legal difficulties are generally those who never availed themselves of professional organizations. In ignor- ing this brotherhood and sisterhood of fellow investigators, they missed having peers to whom they could turn with questions. They missed the educational seminars put on by these groups, which exist for that very reason, to keep private investigators operating in an informed, legal, and ethical manner. There is a Chinese proverb, that reads, “A single conversation with a wise man is better than ten years of study.” You have much to learn. Learn from those who have been there and done that. IT MAY BE FUN, BUT IT’S STILL A BUSINESS This topic will undoubtedly be addressed numerous times and in many ways throughout this wonderful book, but perhaps a few addi- tional words are in order. Remember time and knowledge? What fol- lows are some very important lessons. First, you may charge a fair rate for your time, supported by your knowledge. You may not, however, charge anything for your time while you are gaining the knowledge with which you can solve someone’s case unless specifically agreed to by the client. Notice the difference here. It was not said you cannot charge for gathering information, just not for gaining the knowledge to solve the case. Here are some examples. Suppose you get your first workers’ compensation assignment. It is an authorization for thirty-six hours of surveillance to see if the But, I’m Not Ex-Law Enforcement or Military 49 claimant is actually hurt or working off the clock for someone else while collecting disability compensation. Simple, right? Except you have never done surveillance before. You sit on the subject’s home for three days, but he never comes outside. You get ready to submit an invoice for thirty-six hours of surveillance with no video evidence of anything untoward, having dutifully logged every fifteen-minute incre- ment you sat watching the house. Then you read in the newspaper the subject was on his honeymoon in another state for those three days. Imagine the same scenario, but the subject comes out of his house, gets in a car, and leaves. You follow but lose him in three blocks. For what exactly are you going to charge your client? You are hired to investigate the theft of proprietary information involving some technology now being manufactured and sold by a com pany started by some of your client’s ex-employees. In order to adequately investigate, you must educate yourself on the technology, which includes meeting for hours with the client’s physicists and hav- ing them attempt to explain it to you. You then spend hours reading technical books on the topic. Is this billable time? Regardless of your previous life, there is much to learn about the “business” of being a private investigator. After establishing your hourly rates, you must carefully consider what to charge your client for every minute legitimately spent on his case. There will be time for which you could have invoiced the client, but because it was spent learning from a mistake or figuring out a better way to gather the infor- mation, you eat it. You submit a five-page typed case report that took you more than five hours to write, but you charge your client one hour. You do so because it is not his fault you type with two fingers at a blazing fifteen words per minute. You also do it because in five years when you have three investigators working for you as a result of treating your clients fairly, you will also have someone who does transcription for you and you will bill that time out at $25 per hour! You must change the way you think about time. Your world now revolves around six-minute increments. Two of those equals two- tenths of an hour and is generally the acceptable minimum time charge to pick up a phone, dial a number, and get voice mail. A client is not going to look favorably, however, if there are twenty of those charges on an invoice. 50 Basic Private Investigation Time is indeed your “thing.” If you protect it, control it carefully, document it judiciously, and invoice for it fairly this can be a lucrative business. As a neophyte you have many lessons to learn. There are flat fee billings, retainers, different rates for surveillance, investigations, and testifying. This book is a great beginning. The private investigator who earlier explained how he got into this business concluded his comments by saying, “This is the most reward- ing business I can imagine. I’ve helped people where others could not; I’ve put bad guys away with my investigations; I’ve reunited loved- ones separated for many years; I’ve helped save entire corporations by discovering, and helping to solve their problems. I’ve met some of the most interesting people in all walks of life and made lifelong friends. And in so doing, I’ve developed an incredible knowledge of the law.” How many people can say all of those things about their career? This is a very fulfilling, rewarding business on which you are about to embark. I believe all the contributors to this book would agree with this wish: Best of luck! To find a career to which you are adapted by nature, and then to work hard at it, is about as near to a formula for success and happi- ness as the world provides. One of the fortunate aspects of this for- mula is that, granted the right career has been found, the hard work takes care of itself. Then hard work is not hard work at all. Mark Sullivan Chapter 5 DEVELOPING MARKETS AND PARTNERSHIPS FOR PROFITS THOMAS MILES W e live in a very complex society these days. Major advance- ments in technology and our constant population growth steadi- ly spawn more and more business ventures. In turn, consumers are confronted with a massive array of choices in selecting someone to sat- isfy fundamental needs for services or goods. Investigators are rou- tinely engaged to provide a unique service in acquiring and reporting information, but that does not mean you will not have to worry about competition. Consumers are always selective in choosing something, even a special service. Therefore, your perpetual goal as an investiga- tor can be simply stated: to be perceived as the best choice available in your locality and to be creative and innovative in expanding your business operations. Start with the basics. Investigators, perhaps more so than other service providers, must always project an appropriate image in every aspect of their activities. Remember that your clients are people needing help with personal or professional problems, and they need reassurances from the moment they first contact or meet with you. Accordingly, you must perform in both word and conduct as someone who is empathetic, knowledge- able, and very trustworthy. In short, an investigator’s image is of para- mount importance. The following list depicts rudimentary items for acquiring clients and keeping them. As time passes, a periodic review of each subject 51 52 Basic Private Investigation should occur for legal and social reasons. To manage your general affairs, these points are important. To develop new markets and grow your business as an investigator, however, these matters are crucial for success. LICENSE REQUIREMENTS State laws for investigators vary considerably; some are quite sim- ple, but several states have complex standards, procedures, and quali- fications. As a minimum, even if you are working from your home, be sure that you are in complete compliance with all laws. PHONE SYSTEMS Prospective clients may call at any time, day or night. Install a ded- icated phone to take calls 24/7, and be sure it is answered in a stan- dard mode. If no one is available, ensure that your line has a brief recording that invites callers to leave a message. Consider paying a professional—a “voice over” artist or local radio announcer—to make your recording. Also, obtain a reliable cell phone and use it responsibly. If you are away from your office, have all calls forwarded to your cell phone. WEBSITES Although a website is not absolutely necessary for success, it is high- ly recommended. Ask for design help from inexpensive but reliable sources such as print shops or students who are majoring in computer technology at a local college. Designing a website can be a very daunt- ing process, but some factors must be perfect: grammar, spelling, and punctuation. Study the sites of competitors, then design and write your material to be much better. [...]... mutual business referrals As usual, affiliate with the best ALARM COMPANIES Sales and installations of home or business alarm systems are prominent in society, and you can profit, too Visit the offices of the largest and most reputable alarm companies in your vicinity to learn, to share information, and to establish mutual reference grounds for any future and respective business interests Learn about the. .. libraries, game rooms, and so on Additionally, because competition for resident occupancy is quite high, ALF managers rou- 62 Basic Private Investigation tinely plan and offer a variety of entertainment activities such as craft classes, board games, special parties, or a dance with live music Relatives and friends of the residents are encouraged to visit and participate, and ALF managers are continually... legal publications that cite an attorney or law firm that has earned an award or some special merit Mail something to these people, stressing that you are also selective and good—in your own endeavors In short, avoid the expense of mass mailings and the ensuing regards Instead, approach only the largest and most prominent attorneys, and candidly declare your selectivity with your matching skills and resources... television As stated earlier, your goal is to be perceived as something special: the best investigator available Act accordingly and limit any correspondence to the best in the legal profession Mailings to all attorneys in your vicinity will soon be noted, and it is an action denoting desperation for case work There is an alternative approach Make a habit of continually reviewing newspaper articles or legal...Developing Markets and Partnerships for Profits 53 BUSINESS CARDS Plan carefully for your business cards, and use a professional printer for advice, design reviews, and production Your cards should include your company name, and your name and contact information: mail address, office or cell numbers, and e-mail address The inclusion of a striking logo or motto would also be a nice touch STATIONERY As with business. .. CHECKING ACCOUNTS You must have a business checking account; it is unwise and very unprofessional to use one checking account for both personal affairs and business transactions Your business financial activities must be maintained separately, especially for accounting reasons and tax purposes Establish a good relationship with your banker and solicit assistance For example, checks for most new accounts... because they love the work they do and are skilled in investigations They feel they have what it takes to make a business work They also want to be their own boss and call their own shots What many do not realize is that to be successful when they open their own agency, they must transition from being a private investigator into a business person who provides investigative services Conducting investigations... avoidance are paramount interests for everyone Contact local newspapers, starting with one having the largest circulation, and submit an informative but succinct article (about 750 words) with suggestions and sound advice Be sure to ask for a byline —your name—plus the fact that you are a local professional investigator If you are a good writer and have many helpful points, you might even propose a. .. people have on crime in your particular locality and what they can do about it Finally, assemble a list of audiences—social organizations, civic groups, churches, businesses, and so on and either draft up an appealing flyer for direct mailings or make personal calls to promote your offer for presenting security seminars If you anticipate expenses such as handouts or literature on your investigative business, ... memory and never forget It applies to every type of investigator: governmental or private; civil or criminal; local, national, or worldwide The capabilities, reputations, and successes of all truly professional investigators are not vested purely in who they are, what they know, and what they can do Instead, those factors must be continually inclusive of others—investigators or not—who they are, what they . experience and information and are almost always willing to share with someone who is asking the question for the right reasons to learn how to do the business the correct way. Each state has at least. and then to work hard at it, is about as near to a formula for success and happi- ness as the world provides. One of the fortunate aspects of this for- mula is that, granted the right career has. Basic Private Investigation should occur for legal and social reasons. To manage your general affairs, these points are important. To develop new markets and grow your business as an investigator,